Premnath Prasad @ Premnath Sah @ Parma Sah And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.44010 of 2017 Arising Out of PS.Case No. -4 Year- 2017 Thana -SAHAJITPUR District- SARAN ======================================================

1. Premnath Prasad @ Premnath Sah @ Parma Sah, son of Late Dharmanath Sah

2. Ravi Ranjan Sah @ Ravi Ranjan Kumar

3. Ravi Shankar Sah @ Ravi Shankar Kumar, Both sons of Premnath Prasad @ Premnath Sah @ Parma Sah, All resident of Village- Manopali, P.S.- Sahajitpur, District- Saran. .... .... Petitioners

Versus

The State of Bihar .... .... Opposite Party ====================================================== Appearance :

For the Petitioners : Mr. Sanjay Kumar Singh, Advocate For the Opposite Party : Mr. Smt Sangeeta Sharma (APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 19-09-2017 Heard learned counsel for the petitioners and learned counsel representing the State.

The petitioners apprehend their arrest in connection with Sahajjitpur P.S. Case No. 04 of 2017, registered for the offences punishable under Sections 147, 148, 149, 341, 323, 332, 333, 353, 427, 504 of the Indian Penal Code.

Allegedly the petitioners and other accused surrounded the police party, abused and assaulted them and tried to snatch the arms of the police party due to which, wooden part of a gun was broken. Some police personnel have received injury also.

Submission is of false implication and that the petitioners have got clean antecedent. There is no allegation of

Patna High Court Cr.Misc. No.44010 of 2017 (2) dt.19-09-2017 2/2 tampering of witnesses alleged against the petitioners, there is general and omnibus allegation, no specific overt act has been alleged against them. In this case other co-accused Mantu Ojha and Navin Ojha, similarly situated have been allowed pre-arrest bail vide Cr. Misc. No. 28596 of 2017 by order dated 06.07.2017 by another co-ordinate bench of this Court and, as such, the petitioners also deserve sympathetic consideration. The learned A.P.P. opposes the prayer of pre-arrest bail.

In the facts and circumstances as stated above, the petitioners in the event of their arrest or surrender within four weeks from the date of receipt/production of a copy of this order shall be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate - III, Saran at Chapra, in connection with Shajitpur P.S. Case No. 04 of 2017, subject to the conditions as laid down in section 438(2) of the Cr.P.C.

(Jitendra Mohan Sharma, J.) Rajiv/- U T